SUMMARY RESIDENT PERSON PREDOMINANT INTEREST TEST The ultimate beneficial owners are not qualified persons in the aggregate of a predominant interest in the form of participation or otherwise The principal class of shares is not listed and is not regularly and primarly traded on one or more recognized stock exchange The ultimate beneficial owners of a predominant interest in the company are not one or more companies which meet the direct stock exchange test 95% SHAREHOLDER TEST 95% or more of all the shares (of the aggregate vote and value) are ultimately owned by seven or fewers persons that are qualified persons of a member state of the EU or of the EEA or a party to the NAFTA More than 50% of the gross income is used to make deductible payments to persons which are neither qualified persons nor US citizens ACTIVE TRADE OR BUSINESS TEST The person is engaged in the active conduct of a trade or business in CH The income derived by this person from USA is derived in connection with the business activities carried on in CH The income is derived from a related party The trade or business of the income recipient is not substantial in relation to the income producing activity Under
these circumstances treaty protection is granted |